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(영문) 서울북부지방법원 2015.07.24 2015고정1053

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is engaged in driving a car with B low-speed.

On January 28, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.209% of alcohol level around 21:20, and turned back the side road of Dongdaemun-gu Seoul Metropolitan Government, without distinguishing it from the front line of the Dongdaemun-gu Seoul Metropolitan City, from the direction of the Seongdong-gu Hospital to the non-high apartment direction.

In such cases, the driver of a vehicle shall not drive the vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking.

Nevertheless, the defendant did not find out the victim D (the age of 39) who was crossing the road in the direction of the Yeongdeungpo Fungwon road due to the negligence of driving the above vehicle by driving it, and did not find out the victim D (the age of 39) who was driving the road in the direction of the Young Fungwon, and shocked the victim

As a result, the Defendant suffered injury to the victim by negligence in the course of business, such as “the following Maguri Certificate and an unknown father,” which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the B low-speed car at approximately five meters while under the influence of alcohol 0.209% in a crime like paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The actual condition of traffic accidents;

1. A report on the actual state of the driver;

1. Results of measurement of drinking;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;